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FM's paragraph 498 says any person, military or civilian, who commits a crime under international law is responsible for it and may be punished.
Paragraph 499 defines a war crime. Paragraph 500 refers to a conspiracy, attempts to commit it and complicity with respect to international crimes.
Paragraph 509 denies the defense of superior orders in the commission of a crime, and paragraph 510 denies the defense of an "act of state" absolving them.
Two points are key:
These provisions apply to all US military and civilian personnel, including top commanders, the Secretary of Defense, his subordinates, and the President and Vice President of the United States.
Moreover, under the Constitution's Supremacy Clause (Article VI, paragraph 2), all international laws and treaties are the "supreme Law of the Land."
Nonetheless, Iraq commanders gave orders to kill all military age males. Stjepan Mestovic documented Col. Michale Steele's involvement in his book titled, "The 'Good Soldier' On Trial : A Sociological Study of Misconduct by the US Military Pertaining to Operation Iron Triangle, Iraq."
He also exposed how low-ranking troops are sacrificed to absolve higher-ups. In addition, ROE provisions and rule of law principles are one thing, enforcement another.
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